On February 28, Robichaud and the International Brotherhood of Electrical Workers (IBEW), Local 37, saddened the decision and accused the employer of violating section 17.06 of the collective agreement. “I have no doubt about Harris` sincerity when she said that leadership is what led her to choose Lapointe for the position. She never questioned the fact that (Robichaud) had the same skills and qualifications as Lapointe and that he might have been able to do the superior`s job. However, it was caught in a dilemma and had to decide, after a rigorous selection procedure, which of the two candidates who were related must be maintained. Harris, as the employer`s representative, exercised management`s discretion, as required in section 3.01 of the collective agreement, without discrimination or bias, and took into account a relevant factor that led to Lapointe`s selection for the position. “When skills and qualifications are equal, it is the service that governs. If the skills and qualifications are the same and the service is the same, other relevant factors are taken into account (non-service time, orders from previous actors, former experience, opportunity time, student time, etc.), according to Article 17.06 of the agreement. After all applications were processed, seven candidates were selected for the final process, including Robichaud and Terry Lapointe, who eventually became the successful candidate. There was no evidence of anything unpleasant, the arbitrator said, which meant the trial was overboard. But when asked if he has more leadership than Lapointe, “I don`t question the fact that Terry Lapointe had better leadership qualities than I did,” Robichaud said.

Gilles Robichaud first worked for the employer at Dalhousie Generating Station in 1989 and joined Belledune Generating Station in Gloucester County, N.B in 2000. The vacancy for the supervisor, inventory planning and operation was booked on October 26, 2017 with a deadline of November 4. The leadership position was to “monitor the warehouse and remote sites; Identification, implementation and communication of improved or new processes and control of materials safety expenses and storage to ensure the efficient operation of the NB Power Warehousing operation for the northern part of the province,” the notice states. The winning candidate had “better leadership”: Grievor after being ignored for a management message, an NB Power employee insulted the decision. Robichaud had a lot of experience overseeing NB Power and other jobs, so he should have taken more account of it, he said. In addition, between 2001 and 2005, he had more experience in the Belledune camp, which was more than Lapointe, and had more than two years of experience with NB Power`s field and installation operations, which Lapointe did not do. Lapointe was rated as “highly recommended,” while Robichaud was rated “recommended.” Their seniority dates were the same day, and as everything was so close, Barb Harris, head of the inventory, planning and operations department, and Jennifer MacPherson, a human resources specialist, discussed the identity of the winning employees.